Fiore v. County of Allegheny

OPINION BY

President Judge LEADBETTER.

Nello Fiore appeals from the order of the Court of Common Pleas of Allegheny County, which declared that coal rights owned by Fiore “do not confer upon [him] the right to surface mine and/or strip mine” a public park in Allegheny County (County). We affirm.

Fiore filed two actions with common pleas after the County denied him access to the park, known as South Park, for preliminary drilling.1 The first action sought a declaratory judgment that Fiore had the right to strip mine South Park, while the second sought the appointment of a Board of Viewers,…